E2SHB 1131
SignedHouse
Clemency and pardons
Concerning clemency and pardons.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill overhauls Washington’s clemency and pardon process by expanding the Clemency and Pardons Board, clarifying when the state must supervise individuals on community custody, and setting stricter guidelines for early release—especially for people serving life sentences or convicted of serious violent or sex offenses. It also strengthens victim notification rights and requires transparency through annual public reporting.
- Expands the Clemency and Pardons Board from 5 to 10 members, requiring diversity in race, gender, lived experience (e.g., formerly incarcerated people, crime victims), and geographic representation.
- Adds new categories of individuals who must be placed on community custody supervision by the Department of Corrections—including those convicted of domestic violence felonies, sex offenses, vehicular homicide/assault, and felony DUI—regardless of risk classification.
- Clarifies that the governor retains full authority to grant pardons or clemency, but recommends stricter standards for releasing individuals serving life without parole—especially those convicted of sex offenses or who remain a threat to public safety.
- Requires the Clemency and Pardons Board to hold public hearings at least 90 days before recommending clemency, notify victims and prosecutors, and protect victims’ confidential information from being shared with the incarcerated person.
- Adds a new annual reporting requirement for the board to report to the governor and legislature on all pardons or commutations granted—including crimes of conviction and any subsequent recidivism.
Who is affected
- Incarcerated individuals and formerly incarcerated people — Individuals currently or formerly incarcerated who may be eligible for earlier release or clemency, especially those with serious health conditions, advanced age, or who were sentenced as juveniles.
- People convicted of sex or domestic violence offenses — People convicted of sex offenses or domestic violence felonies, who face stricter review and supervision conditions under the bill’s changes to community custody rules.
- Victims and survivors of crime — Victims and survivors of crime, who gain clearer rights to be notified and heard during clemency proceedings, and whose contact information is protected from disclosure to the incarcerated person.
- Clemency and Pardons Board appointees and affected communities — Members of the public—especially those from communities of color, formerly incarcerated individuals, and faith-based or tribal communities—who may be appointed to the expanded Clemency and Pardons Board.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Expands board from 5 to 10 members with mandatory diversity requirements—including lived experience as formerly incarcerated, community of color, faith-based, tribal, and victim representation—ensures more equitable and informed clemency decisions, especially for historically marginalized applicants.
Rights & LibertiesPeopleRef: Sec. 7(2)(a)-(e), Sec. 7(3)Requires 90-day public notice before clemency hearings, mandates victim notification, and prohibits sharing victim contact info with incarcerated individuals—strengthens victims’ rights and procedural fairness while preventing retraumatization.
Rights & LibertiesPeopleRef: Sec. 8(3)Expands extraordinary medical placement eligibility for individuals with terminal or degenerative conditions who pose no public safety risk—reduces prison healthcare costs and aligns with humanitarian and medical ethics standards, while maintaining strict eligibility safeguards.
Public SafetyPeopleRef: Sec. 6(1)(c)(i)-(v)Increases use of graduated reentry and partial confinement in final 12–18 months of sentence—supports community reintegration, reduces recidivism risk, and lowers corrections costs, especially for low-risk individuals with strong support systems.
Public SafetyPeopleRef: Sec. 6(1)(e), Sec. 6(1)(f)Annual public reporting on pardons/commutations—including crimes of conviction and recidivism—enhances transparency and accountability of clemency process, enabling legislative oversight and public trust.
Local GovernmentLean peopleRef: Sec. 9 (new section)
Potential Concerns (5)
Mandates community custody supervision for all individuals convicted of a domestic violence felony—regardless of risk classification—may increase supervision burden on DOC and courts, but the liability shield in Sec. 1(4)(e)(ii) and Sec. 2(4)(e)(ii) limits state accountability, potentially reducing accountability for supervision failures and increasing risk to victims if supervision is inadequate.
Public SafetyPeopleRef: Sec. 1(4)(e)(ii), Sec. 2(4)(e)(ii)Board members receive compensation under RCW 43.03.250 (state employee pay scale), which increases state personnel costs, but the expansion from 5 to 10 members may improve board capacity and reduce delays in clemency review—though most appointees will be volunteers or professionals with other primary employment, limiting net fiscal impact on state budget.
Business & EmploymentRef: Sec. 7(6)Prohibits extraordinary medical placement for persistent offenders and limits partial confinement to final 12 months (or 18 months for graduated reentry), reducing early release pathways for long-term incarcerated individuals—this may maintain public safety but could increase long-term corrections costs due to aging population and higher medical needs in prison.
Public SafetyRef: Sec. 6(1)(c)(v), Sec. 6(1)(e)Requires prosecuting attorneys to notify victims and witnesses at least 90 days before clemency hearings, increasing administrative burden on local prosecutors’ offices, but this requirement is offset by allowing waiver for timeliness and does not mandate new staffing or funding.
Local GovernmentRef: Sec. 8(3)Sections 1 and 4 expire January 1, 2026, while Sections 2 and 5 take effect January 1, 2026—this creates a temporary gap in statutory clarity for community custody supervision rules, potentially causing confusion for DOC, courts, and defense attorneys during transition.
Local GovernmentRef: Sec. 10, Sec. 11
Who Is Most Affected
Incarcerated individuals—especially those with serious health conditions, advanced age, or juvenile sentencing—gain clearer pathways to compassionate release and more equitable clemency review. However, stricter rules for domestic violence and sex offenses may limit eligibility for some.
People convicted of sex or domestic violence offenses face stricter supervision mandates and heightened scrutiny for clemency, especially under Sec. 1(4)(e), Sec. 2(4)(e), and Sec. 6(1)(c)(ii). While this increases public safety oversight, it may hinder rehabilitation and reentry for some.
Victims gain stronger procedural rights—including guaranteed notice, confidentiality protections, and hearing participation—reducing retraumatization and increasing agency in clemency proceedings.
Communities of color, formerly incarcerated people, faith-based, and tribal groups gain meaningful representation on the expanded board, improving equity in clemency decisions and restoring agency to impacted communities.